跨国环境侵权责任法律适用研究
发布时间：2019-05-17 14:59
【摘要】：工业革命把人们从原始的生产生活方式带入了现代,在先进生产方式的推动下,科学技术获得了突飞猛进的发展,人类社会近几百年的发展成果远远超过了过去几千年成果的总和。然而,人们在享受这些先进成果的同时却不得不承受其带来的负面影响。近些年来,国际社会上有关跨国环境侵权的事件频发。这些事件不仅给各国国民的人身和财产带来大量的损失,而且还极大地破坏了相关地域及所涉区域的自然资源和生态环境,严重威胁到了人类的生存和发展。为了对跨国环境侵权事件进行有效控制,国际社会倾向于以承担跨国环境侵权责任的方式来进行法律规制。跨国环境侵权责任分为国家责任和民事责任两种。在国家赔偿责任遭遇研究的尴尬之后,由侵权主体承担民事赔偿责任的方式成为未来解决跨国环境侵权的主要手段。 我国在跨国环境侵权领域也建立了相应的民事赔偿责任制度。在油污损害这一专门环境侵权领域,我国主要是通过加入统一实体条约进行调整;除此之外,有关跨国环境侵权民事赔偿责任的一切法律适用问题,都依照我国国内有关一般侵权的法律适用规范进行调整。然而,面对复杂的跨国环境侵权问题,我国目前所存在的相关法律规范是无法彻底加以解决的。笔者就此在介绍和分析专门环境侵权领域统一实体规范、国内立法与国际条约中有关跨国环境侵权冲突规范的基础上,总结出目前我国所存在的问题,并就此问题提出解决方案。 总体而言,本文共分三大部分,引言、正文和结语。其中正文分四章: 第一章是跨国环境侵权责任的概述。主要包括跨国环境侵权和跨国环境侵权责任的定义、特点,责任承担的方式以及民事责任法律适用的冲突。 第二章是跨国环境侵权责任之统一实体规范解决。文中在对船舶油污损害、核事故损害以及危险废弃物损害等专门领域进行概括介绍的前提下,对依统一实体规范解决跨国环境侵权民事责任问题之途径的优点与不足分别进行评价。 第三章是跨国环境侵权责任之冲突规范解决。此章先对调整跨国环境侵权民事责任的冲突规范从国内和国际两个角度进行归纳总结。同时在此基础上对调整跨国环境侵权责任的“一般冲突规范”和“特殊冲突规范”进行比较,并最终得出应当就跨国环境侵权制定特殊冲突规范的结论。 第四章是我国跨国环境侵权责任法律适用之完善。笔者对于这一领域法律适用的建议是在前三章的基础上,通过分析我国目前法律规定所存在的问题而有针对性地对专门领域的跨国环境侵权的民事责任制度以及特殊的冲突规范提出建议。
[Abstract]:The industrial revolution brought people from the original way of production and life to modern times. Driven by the advanced mode of production, science and technology developed by leaps and bounds. The development results of human society in the past few hundred years far exceed the sum of the achievements of the past thousands of years. However, people have to bear the negative impact of these advanced achievements while enjoying them. In recent years, there have been frequent incidents of transnational environmental infringement in the international community. These events not only bring a lot of losses to the people and property of various countries, but also greatly destroy the natural resources and ecological environment of the relevant regions and the regions involved, and seriously threaten the survival and development of human beings. In order to control transnational environmental tort effectively, the international community tends to carry out legal regulation by assuming transnational environmental tort liability. Transnational environmental tort liability can be divided into state liability and civil liability. After the embarrassment of the study of national liability for compensation, the way of civil liability by the subject of tort has become the main means to solve the transnational environmental tort in the future. China has also established the corresponding civil liability system in the field of transnational environmental tort. In the field of oil pollution damage, which is a special field of environmental infringement, China is mainly adjusted by joining the unified entity treaty. In addition, all the legal application of civil liability for transnational environmental tort are adjusted in accordance with the applicable norms of general tort in our country. However, in the face of complex transnational environmental tort, the relevant legal norms existing in our country can not be completely solved. On the basis of introducing and analyzing the unified entity norms in the field of special environmental tort, the domestic legislation and the relevant transnational environmental tort conflict norms in international treaties, the author summarizes the existing problems in our country at present. And put forward a solution to this problem. Generally speaking, this paper is divided into three parts: introduction, main body and conclusion. The main body is divided into four chapters: the first chapter is an overview of transnational environmental tort liability. It mainly includes the definition, characteristics, mode of liability and the conflict of the application of civil liability law between transnational environmental tort and transnational environmental tort liability. The second chapter is the unified entity standard solution of transnational environmental tort liability. On the premise of introducing the special fields of ship oil pollution damage, nuclear accident damage and hazardous waste damage, This paper evaluates the advantages and disadvantages of solving the civil liability problem of transnational environmental tort according to the unified entity norms. The third chapter is the conflict standard resolution of transnational environmental tort liability. This chapter first summarizes the conflict norms of adjusting the civil liability of transnational environmental tort from both domestic and international angles. At the same time, on this basis, the "general conflict norms" and "special conflict norms" for adjusting transnational environmental tort liability are compared, and the conclusion that special conflict norms should be formulated for transnational environmental tort is finally drawn. The fourth chapter is the perfection of the application of transnational environmental tort liability law in our country. The author's suggestions on the application of the law in this field are based on the first three chapters. By analyzing the problems existing in the current legal provisions of our country, this paper puts forward some suggestions on the civil liability system and special conflict norms of transnational environmental tort in special fields.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.9;D997.1
本文编号：2479188
[Abstract]:The industrial revolution brought people from the original way of production and life to modern times. Driven by the advanced mode of production, science and technology developed by leaps and bounds. The development results of human society in the past few hundred years far exceed the sum of the achievements of the past thousands of years. However, people have to bear the negative impact of these advanced achievements while enjoying them. In recent years, there have been frequent incidents of transnational environmental infringement in the international community. These events not only bring a lot of losses to the people and property of various countries, but also greatly destroy the natural resources and ecological environment of the relevant regions and the regions involved, and seriously threaten the survival and development of human beings. In order to control transnational environmental tort effectively, the international community tends to carry out legal regulation by assuming transnational environmental tort liability. Transnational environmental tort liability can be divided into state liability and civil liability. After the embarrassment of the study of national liability for compensation, the way of civil liability by the subject of tort has become the main means to solve the transnational environmental tort in the future. China has also established the corresponding civil liability system in the field of transnational environmental tort. In the field of oil pollution damage, which is a special field of environmental infringement, China is mainly adjusted by joining the unified entity treaty. In addition, all the legal application of civil liability for transnational environmental tort are adjusted in accordance with the applicable norms of general tort in our country. However, in the face of complex transnational environmental tort, the relevant legal norms existing in our country can not be completely solved. On the basis of introducing and analyzing the unified entity norms in the field of special environmental tort, the domestic legislation and the relevant transnational environmental tort conflict norms in international treaties, the author summarizes the existing problems in our country at present. And put forward a solution to this problem. Generally speaking, this paper is divided into three parts: introduction, main body and conclusion. The main body is divided into four chapters: the first chapter is an overview of transnational environmental tort liability. It mainly includes the definition, characteristics, mode of liability and the conflict of the application of civil liability law between transnational environmental tort and transnational environmental tort liability. The second chapter is the unified entity standard solution of transnational environmental tort liability. On the premise of introducing the special fields of ship oil pollution damage, nuclear accident damage and hazardous waste damage, This paper evaluates the advantages and disadvantages of solving the civil liability problem of transnational environmental tort according to the unified entity norms. The third chapter is the conflict standard resolution of transnational environmental tort liability. This chapter first summarizes the conflict norms of adjusting the civil liability of transnational environmental tort from both domestic and international angles. At the same time, on this basis, the "general conflict norms" and "special conflict norms" for adjusting transnational environmental tort liability are compared, and the conclusion that special conflict norms should be formulated for transnational environmental tort is finally drawn. The fourth chapter is the perfection of the application of transnational environmental tort liability law in our country. The author's suggestions on the application of the law in this field are based on the first three chapters. By analyzing the problems existing in the current legal provisions of our country, this paper puts forward some suggestions on the civil liability system and special conflict norms of transnational environmental tort in special fields.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.9;D997.1
【引证文献】
相关硕士学位论文 前2条
1 刘耀;跨国公司环境法律责任问题研究[D];中南林业科技大学;2012年
2 翟新;环境侵权救济问题比较研究[D];外交学院;2012年
，本文编号：2479188
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